A man accused of raping two girls was let out of jail this week and felony charges against him will be dropped Wednesday because the Rensselaer County District Attorney's Office failed to file a waiver of the defendant's speedy trial rights.

John Halacy was released from the county jail after awaiting prosecution for nine months on second-degree rape and other charges for crimes alleged to have taken place between Dec. 1, 2012 and Feb. 8.

He is to appear in City Court where the felony counts of second-degree rape of the girls, ages 13 and 14, use of a child in sexual performance and criminal sex act and other misdemeanors will be dismissed. He is expected is to plead guilty to endangering the welfare of a child and be sentenced to time served in jail. Halacy will be barred from coming into contact with the girls, but he will not have to register as a sex offender.

His case had yet to go to a grand jury, a violation of his right to a speedy trial that prosecutors admit.

"I take full responsibility for this," said Assistant District Attorney Laura Kruegler, who handles sex crime for McNally. "I thought the paperwork was in, but it was not."

Kruegler said a waiver of the speedy trial rights was agreed to and she thought a hard copy of the waiver was entered in the record.

"We looked everywhere for it and could not find one," Kruegler said. "In order for it to be official, there must be a hard copy on file."

Complicating matters for Kruegler was her absences from work this year due to a health issue, she said.

"I just cannot understand this," said the mother of the 13-year-old girl.

The woman, whom the Times Union is not identifying because it would reveal the identity of her daughter, said she is concerned for the safety of her child and others. "This guy is now out and he lives right down the street."

She said she is hiring a lawyer to guide her in an effort to get the charges reinstated.

"There must be something that can be done," she said.

Kruegler said protections for the victims will be put in place.

This month, McNally won election to the state Supreme Court and will begin the judgeship in January.